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Attor­ney Gen­er­al Opinions

An attorney general opinion is a written interpretation of existing law. Attorney general opinions cannot create new provisions in the law or correct unintended, undesirable effects of the law. Attorney general opinions do not necessarily reflect the attorney general's personal views, nor does the attorney general in any way "rule" on what the law should say. Furthermore, attorney general opinions cannot resolve factual disputes.

Only those requestors authorized by law may seek the Attorney General's written advice through a formal opinion.

The Government Code lists the officials authorized to request formal attorney general opinions. The attorney general is prohibited by statute from giving a written opinion to anyone other than an authorized requestor.

Authorized requestors include:

the governor

the head of a department of state government

the head or board of a penal institution

the head or board of an eleemosynary institution

the head of a state board

a regent or trustee of a state educational institution

a committee of a house of the Texas Legislature

a county auditor authorized by law

the chairman of the governing board of a river authority

a district or county attorney

A person other than an authorized requestor who would like to request an attorney general opinion may ask an authorized requestor to submit the question to the attorney general. The authorized requestor has the discretion to decide whether to ask for an attorney general opinion in any given instance.

The Attorney General accepts briefing on pending opinion requests from any governmental entity, organization, or person, including members of the general public. Briefing should be submitted by Email to opinion.committee@oag.texas.gov. All briefing and materials submitted are subject to the Public Information Act.